FOIA Section 43 Exemption: Difference between revisions
From FOIwiki
Jump to navigationJump to search
| Line 7: | Line 7: | ||
* Public authorities will need to bear in mind that the commercial sensitivity (particularly the market sensitivity) of information will usually decrease with time; | * Public authorities will need to bear in mind that the commercial sensitivity (particularly the market sensitivity) of information will usually decrease with time; | ||
* Section 43 is subject to the public interest test. | * Section 43 is subject to the public interest test. | ||
== Official Guidance == | |||
* Ministry of Justice guidance: [http://www.justice.gov.uk/docs/foi-exemption-s43.pdf Section 43: commercial interests] | |||
* ICO guidance: [http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_5_v3_07_03_08.pdf Awareness Guidance 5 - Commercial interest] | |||
* ICO guidance: [http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidannce_5_annexe_v3_07_03_08.pdf Awareness guidance 5 annexe - public sector contracts] | |||
* ICO guidance: [http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_prejudice_adversely_affect_version_2.03_14_03_08.pdf Awareness guidance 20 - prejudice and adverse affect] | |||
== What the law says == | == What the law says == | ||
Revision as of 20:26, 8 September 2008
Section 43: Commercial Interests
Section 43 exempts information whose disclosure would be likely to prejudice the commercial interests of any person. It also includes a specific exemption for trade secrets.
Key points:
- Section 43 protects not only the commercial interests of third parties but also the commercial interests of the public authority that holds the information;
- Public authorities will need to bear in mind that the commercial sensitivity (particularly the market sensitivity) of information will usually decrease with time;
- Section 43 is subject to the public interest test.
Official Guidance
- Ministry of Justice guidance: Section 43: commercial interests
- ICO guidance: Awareness Guidance 5 - Commercial interest
- ICO guidance: Awareness guidance 5 annexe - public sector contracts
- ICO guidance: Awareness guidance 20 - prejudice and adverse affect
What the law says
43 Commercial interests
- (1) Information is exempt information if it constitutes a trade secret.
- (2) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
- (3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).
Decision Notices
- Exeter City Council, August 2006
- http://www.ico.gov.uk/upload/documents/decisionnotices/2006/decision_notice_fs50080412_v2.pdf
- The Council was ruled to have invalidly claimed a s43 exemption by refusing to disclose commercial details relating to a land transfer.
| Exemptions |
| 12 21 22 22A 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 |
